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Sen. John Connor
Filed: 4/5/2022
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| 1 | | AMENDMENT TO HOUSE BILL 3904
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| 2 | | AMENDMENT NO. ______. Amend House Bill 3904 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Criminal Code of 2012 is amended by |
| 5 | | changing Section 7-5 as follows:
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| 6 | | (720 ILCS 5/7-5) (from Ch. 38, par. 7-5)
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| 7 | | Sec. 7-5. Peace officer's use of force in making arrest. |
| 8 | | (a) A peace officer, or any person whom he has summoned or |
| 9 | | directed
to assist him, need not retreat or desist from |
| 10 | | efforts to make a lawful
arrest because of resistance or |
| 11 | | threatened resistance to the arrest. He
is justified in the |
| 12 | | use of any force which he reasonably believes, based on the |
| 13 | | totality of the circumstances, to be
necessary to effect the |
| 14 | | arrest and of any force which he reasonably
believes, based on |
| 15 | | the totality of the circumstances, to be necessary to defend |
| 16 | | himself or another from bodily harm
while making the arrest. |
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| 1 | | However, he is justified in using force likely
to cause death |
| 2 | | or great bodily harm only when: (i) he reasonably believes, |
| 3 | | based on the totality of the circumstances,
that such force is |
| 4 | | necessary to prevent death or great bodily harm to
himself or |
| 5 | | such other person; or (ii) when he reasonably believes, based |
| 6 | | on the totality of the circumstances, both that:
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| 7 | | (1) Such force is necessary to prevent the arrest from |
| 8 | | being
defeated by resistance or escape and the officer |
| 9 | | reasonably
believes that the person to be arrested is |
| 10 | | likely to cause
great bodily harm to another; and
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| 11 | | (2) The person to be arrested committed or attempted a |
| 12 | | forcible
felony which involves the infliction or |
| 13 | | threatened infliction of great
bodily harm or is |
| 14 | | attempting to escape by use of a deadly weapon, or
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| 15 | | otherwise indicates that he will endanger human life or |
| 16 | | inflict great
bodily harm unless arrested without delay.
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| 17 | | As used in this subsection, "retreat" does not mean |
| 18 | | tactical
repositioning or other de-escalation tactics. |
| 19 | | A peace officer is not justified in using force likely to |
| 20 | | cause death or great bodily harm when there is no longer an |
| 21 | | imminent threat of great bodily harm to the officer or |
| 22 | | another. |
| 23 | | (a-5) Where feasible, a peace officer shall, prior to the |
| 24 | | use of force, make reasonable efforts to identify himself or |
| 25 | | herself as a peace
officer and to warn that deadly force may be |
| 26 | | used. |
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| 1 | | (a-10) A peace officer shall not use deadly force against |
| 2 | | a person based on the danger that the person poses to himself |
| 3 | | or herself if a
reasonable officer would believe the person |
| 4 | | does not pose an imminent threat of death or great bodily harm |
| 5 | | to the peace officer or to another person. |
| 6 | | (a-15) A peace officer shall not use deadly force against |
| 7 | | a person who is suspected of committing a property offense, |
| 8 | | unless that offense is terrorism or unless deadly force is |
| 9 | | otherwise authorized by law. |
| 10 | | (b) A peace officer making an arrest pursuant to an |
| 11 | | invalid warrant
is justified in the use of any force which he |
| 12 | | would be justified in
using if the warrant were valid, unless |
| 13 | | he knows that the warrant is
invalid.
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| 14 | | (c) The authority to use physical force conferred on peace |
| 15 | | officers by this Article is a serious responsibility that |
| 16 | | shall be exercised judiciously and with respect for human |
| 17 | | rights and dignity and for the sanctity of every human life. |
| 18 | | (d) Peace officers shall use deadly force only when |
| 19 | | reasonably necessary in defense of human life. In determining |
| 20 | | whether deadly force is reasonably necessary, officers shall |
| 21 | | evaluate each situation in light of the totality of |
| 22 | | circumstances of each case, including, but not limited to, the |
| 23 | | proximity in time of the use of force to the commission of a |
| 24 | | forcible felony, and the reasonable feasibility of safely |
| 25 | | apprehending a subject at a later time, and shall use other |
| 26 | | available resources and techniques, if reasonably safe and |
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| 1 | | feasible to a reasonable officer. |
| 2 | | (e) The decision by a peace officer to use force shall be |
| 3 | | evaluated carefully and thoroughly, in a manner that reflects |
| 4 | | the gravity of that authority and the serious consequences of |
| 5 | | the use of force by peace officers, in order to ensure that |
| 6 | | officers use force consistent with law and agency policies. |
| 7 | | (f) The decision by a peace officer to use force shall be |
| 8 | | evaluated from the perspective of a reasonable officer in the |
| 9 | | same situation, based on the totality of the circumstances |
| 10 | | known to or perceived by the officer at the time of the |
| 11 | | decision, rather than with the benefit of hindsight, and that |
| 12 | | the totality of the circumstances shall account for occasions |
| 13 | | when officers may be forced to make quick judgments about |
| 14 | | using force. |
| 15 | | (g) Law enforcement agencies are encouraged to adopt and |
| 16 | | develop policies designed to protect individuals with |
| 17 | | physical, mental health, developmental, or intellectual |
| 18 | | disabilities, or individuals who are significantly more likely |
| 19 | | to experience greater levels of physical force during police |
| 20 | | interactions, as these disabilities may affect the ability of |
| 21 | | a person to understand or comply with commands from peace |
| 22 | | officers. |
| 23 | | (h) As used in this Section: |
| 24 | | (1) "Deadly force" means any use of force that creates |
| 25 | | a substantial risk of causing death or great bodily harm, |
| 26 | | including, but not limited to, the discharge of a firearm. |
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| 1 | | "Deadly force" does not include the lawful use of a |
| 2 | | conducted electrical weapon by a peace officer. In this |
| 3 | | paragraph (1), "conducted electrical weapon" means a |
| 4 | | less-lethal device capable of delivering electrical energy |
| 5 | | into a person, either by pressing the device directly on |
| 6 | | the person or by deploying small probes attached to |
| 7 | | conductive wires, such as a stun gun or taser. |
| 8 | | (2) A threat of death or serious bodily injury is |
| 9 | | "imminent" when, based on the totality of the |
| 10 | | circumstances, a reasonable officer in the same situation |
| 11 | | would believe that a person has the present ability, |
| 12 | | opportunity, and apparent intent to immediately cause |
| 13 | | death or great bodily harm to the peace officer or another |
| 14 | | person. An imminent harm is not merely a fear of future |
| 15 | | harm, no matter how great the fear and no matter how great |
| 16 | | the likelihood of the harm, but is one that, from |
| 17 | | appearances, must be instantly confronted and addressed. |
| 18 | | (3) "Totality of the circumstances" means all facts |
| 19 | | known to the peace officer at the time, or that would be |
| 20 | | known to a reasonable officer in the same situation, |
| 21 | | including the conduct of the officer and the subject |
| 22 | | leading up to the use of deadly force. |
| 23 | | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; |
| 24 | | 102-687, eff. 12-17-21.)
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| 25 | | Section 99. Effective date. This Act takes effect upon |